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Richard Busteed

United States District Court for the Middle District of Alabama district Retired 1874 · served 1864–1874 Appointed by Abraham Lincoln (Republican) 8 signed orders read

Judge Busteed no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Busteed decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He treated the federal courts' authority over their own bar as a core judicial function and invalidated legislation that imposed a retrospective loyalty qualification on attorneys.

“it rests exclusively with the court to determine who is qualified to become one of its officers, as an attorney and counselor”

He protected longstanding private improvements against uncompensated municipal appropriation when the owners' title and public contribution were established by history and use.

“The claim on the part of the city amounts to this: That private property may be taken for the public use without compensation to the owners”

In passenger-carrier cases, he treated the ship master's broad authority as carrying a corresponding duty to protect vulnerable passengers from known wrongdoers aboard the vessel.

“responsibility runs parallel with privilege”

Procedural preferences

He would not use contempt to enforce an official demand that was immediate, oppressive, and issued without a reasonable chance to obtain legal advice.

“The demand of the respondents to confer with their lawyers before they complied with the requirements of the supervisor was a reasonable one, and the opportunity should have been given.”

In bankruptcy administration, he disfavored technical objections used to obstruct an assignee's examination into the debtor's estate.

“The interposition by a bankrupt of technical objections to his own examination, when it is sought by the assignee, is not favored by the law.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Haley
· 1868-07-01
Proof of claim (creditor) Denied

“The affidavit before United States Commissioner Price is not a compliance with the twenty-second section of the law of March 2d, 18CT.”

In re Stewart
· 1868-02-15
Application to sell property (bankruptcy assignee) Granted

“agreed in the conclusions at which the register arrived, and directed the necessary order for the sale of the property by the assignee, to be entered on the proper application.”

The Albert Gallatin
· 1869-09-01
Salvage claim (salvors) Granted

“The decree makes a total award of $84,-828.45, which is about 25 per cent, on the gross valuation of the property saved, but 45 per cent, of the proceeds from a subsequent sale.”

In re Lanier
· 1868-07-01
Objections to bankruptcy examination (bankrupt) Denied

“I have considered the five objections taken by the bankrupt, Lanier, to be examined under the twenty-sixth section of the act to establish a uniform system of bankruptcy, and am of opinion that neither of them is well founded.”

United States v. Fordyce
· 1871-03-11
Application for contempt (United States) Denied

“The defendants are not in contempt, and are therefore discharged.”

Smith v. Wilson
· 1872-07-01
Admiralty damages claim (libellant) Granted

“A decree will be entered that the libel-lant, Mary A. Smith, recover from the respondent, Joseph A. Wilson, the sum of seven hundred and fifty dollars, with lawful interest thereon from the 22nd of February, 18G6, together with costs.”

In re Shorter
· 1865-12-16
Constitutional challenge to test oath (attorneys challenging the oath) Granted

“I am of opinion that the act of the 24th of January, 1865, supplementary to the act of July 2, 18G2, violates several of the provisions o'f the constitution”

Leverich v. Mayor of Mobile
· 1867-11-19
Preliminary injunction (wharf owners) Granted

“For the reasons above stated, an injunction is allowed according to the prayer of the bill.”

Request for permanent injunction (wharf owners) Granted

“I shall continue the injunction, and upon the coming in and confirmation of the report the same will be made perpetual. The costs of the suit must be paid by the corporation of the city.”

Caseload & timing

From public federal docket records for this judge.

The located decisions span bankruptcy, admiralty, salvage, contempt, constitutional review, and municipal property disputes. They do not establish the distribution of Busteed's full caseload.

A historical record

Judge Busteed no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.